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Terms of Service for Spillway

Effective date: September 3, 2026
Originally effective: July 31, 2026
Last updated: September 3, 2026
Status: Pre-alpha / invited testing
Prior version: July 31, 2026 · Version archive

These Terms of Service (“Terms”) govern use of Spillway, an email organization application currently developed and, in some builds, displayed as EmailSorter (the “App”). The App is independently developed and operated by Josh Pasek (“Operator”).

By installing, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

These Terms do not give the Operator ownership of, or remote access to, your email, local App data, credentials, files, diagnostics, backups, imported Reference Sources, or other information stored on your device. They also do not authorize automatic collection of that information. Any future feature that would send information to the Operator or to an additional service must be presented separately in clear language and require your affirmative opt-in before transmission.

1. Pre-alpha software

The App is experimental pre-alpha software offered to a limited group for evaluation. Features may be incomplete, change without notice, fail, or behave differently across devices and providers. The App is not intended for high-risk, safety-critical, emergency, or legally mandated workflows.

You should keep access to Gmail or another established mail client and maintain appropriate backups. Do not rely on the App as the only copy of mail, attachments, drafts, tasks, reminders, calendar information, Reference Sources, or other important records.

2. Eligibility and authority

You must be legally capable of agreeing to these Terms. You may connect or process only accounts and information that you are authorized to access.

If you use an employer, school, government, clinical, client, or other managed account, you are responsible for confirming that your use of the App, local storage, AI provider, backup destination, imported source material, and other integrations is permitted by the applicable organization and law.

The App does not determine or certify compliance with FERPA, HIPAA, IRB requirements, public-records laws, records-retention obligations, institutional policy, or any other legal or professional standard.

3. License

Subject to these Terms, the Operator grants invited testers a limited, personal, revocable, nonexclusive, nontransferable license to install and use the App for evaluation and ordinary personal or professional productivity.

You may not:

  • sell, sublicense, rent, or commercially redistribute the App without written permission;
  • use the App to access another person’s account without authorization;
  • circumvent security or access controls;
  • interfere with the App, its providers, or other users;
  • use the App to send spam, malware, unlawful content, or deceptive communications; or
  • use the App in violation of applicable law or third-party terms.

Any source-code rights are governed separately by the repository’s license, if and when one is adopted. These Terms do not grant rights to third-party software, services, or trademarks.

4. Accounts and third-party services

The App connects directly to services selected by the user, which may include Google/Gmail, Apple services, Ollama, cloud AI providers, local or cloud storage, and feedback tools.

Your use of each service is governed by that provider’s terms and privacy policy. The Operator does not control and is not responsible for third-party availability, security, pricing, model behavior, retention, account restrictions, or changes.

You are responsible for:

  • maintaining your provider accounts and credentials;
  • reviewing the permissions shown during authorization;
  • protecting your device and account access;
  • any provider charges associated with your use; and
  • revoking access or disconnecting services you no longer wish to use.

Selecting a third-party service authorizes only the transmissions needed for the specific function you choose. It does not make the transmitted information available to the Operator unless you separately and deliberately send it to the Operator or the Operator clearly identifies itself as controlling the receiving service before you opt in.

5. Gmail and outbound actions

The App may read and organize Gmail and, when enabled or initiated by the user, modify labels, read state, stars, archive or Trash state, drafts, and outbound mail.

Review recipients, sender account, attachments, content, timing, and provider state before sending or scheduling. “Undo Send” may be a local delay before provider transmission; it is not a guarantee that a message accepted by a provider can be recalled. Scheduled or queued actions can be affected by sleep, shutdown, network failure, provider changes, or App defects.

The App does not guarantee successful delivery, synchronization, restoration, or reversal of a provider action.

6. AI-assisted features

AI output may be incomplete, inaccurate, biased, misleading, or stale. Classifications, summaries, extracted requests, dates, opportunities, suggested actions, and draft language are aids—not facts or professional advice.

You remain responsible for reviewing AI output and for every decision or external action. Do not rely on the App for legal, medical, financial, safety-critical, compliance, or emergency decisions.

When you configure cloud AI or a nonlocal inference endpoint, information may be sent directly to that provider. You are responsible for choosing a provider and account whose terms and data controls are appropriate for your information. Choosing that provider does not authorize the Operator to receive the same content.

Different accounts may have different AI policies. Spillway is designed so a combined workspace does not by itself authorize content from one account to cross another account's processing boundary.

Some abstracted or user-authored knowledge may eventually be usable across accounts when policy permits, but restricted source content must not be smuggled through a derived field or transferred merely because another account is AI-eligible.

7. Reference Sources and user-supplied context

The App may allow you to import files or other user-supplied context, such as a roster, to help Spillway derive local facts and relationships.

You are responsible for having authority to use and store that material. Importing a file into Spillway does not certify that the file may be shared with a cloud AI provider, synchronized to another service, or used outside the account or institutional boundary that governs it.

Current Reference Source support is local-first. A future sync, export, backup, or AI feature that includes such material must be separately governed by the applicable disclosure and provider boundary.

Do not treat the App as the sole archival copy of imported source material.

8. Your data, diagnostics, and feedback

You retain your rights in email, files, Reference Sources, text, categories, corrections, App-created records, and other content you process with the App. The Operator does not claim ownership of your Gmail data or local App data.

You grant the App only the permissions needed to perform the functions you deliberately choose. Those permissions do not create a license for the Operator to collect, inspect, retain, sell, train on, or otherwise use your locally stored content.

The current App does not automatically send the Operator usage data, diagnostics, crash reports, mailbox content, Reference Sources, or local App records.

A current Report a Problem flow may prepare a user-visible diagnostic report. The report is not automatically sent. You choose whether to save it or compose an email, and you should review it before sending. If you voluntarily send feedback or a problem report to the Operator, you grant the Operator permission to read and use the specific material you submit for support and product improvement. That permission is limited to the submitted material; it does not extend to data remaining on your device or in your accounts. The Operator may summarize or incorporate non-identifying ideas, but will not publicly identify you or publish raw private feedback without separate permission.

General acceptance of these Terms or the Privacy Policy does not count as consent to submit diagnostics, mailbox content, imported source material, or other user data.

Do not include credentials or confidential third-party information in feedback unless a submission flow clearly explains the transmission and you intentionally choose to include it.

9. Privacy and no automatic collection

The Privacy Policy explains how information is accessed, used, stored, and shared and is incorporated into these Terms.

The current App has no Operator-controlled server, automatic telemetry channel, automatic crash-reporting channel, or remote-access pathway that silently returns ordinary App data to the Operator. The Operator cannot use the App to remotely browse or retrieve your device, Gmail account, Apple Keychain, local App database, Reference Sources, diagnostics, recovery snapshots, backups, exports, or user-controlled sync locations.

Spillway’s design goal is to avoid requiring potentially sensitive information to be stored on any Operator-controlled server. There are no current plans to add automatic collection of user App data.

Any future feature that would make user information directly accessible to the Operator, or transmit information to an additional service not already selected for the requested function, must be optional and separately disclosed in plain language at the time of use. It must identify what will be sent, why, and to whom, and must require an affirmative opt-in. Declining such a feature must not be treated as a violation of these Terms.

If these Terms and the Privacy Policy differ about collection, access, transmission, or consent, the more privacy-protective provision applies unless applicable law requires otherwise.

10. Local data protection, backups, and operator access

The App stores substantial data locally. Some local stores, exports, imported source files, or user-enabled backups may contain sensitive information in readable form. You are responsible for device security, full-disk protection, access controls, backup handling, and compliance with your own obligations.

Not every App store is necessarily included in every backup mechanism. A backup, reset, sync, or recovery feature should not be assumed to capture or restore a particular data class unless the App explicitly says so.

The fact that the App stores or processes data on your device does not place that data in the Operator’s possession or control. The Operator cannot retrieve local stores, Reference Sources, exports, diagnostics, recovery snapshots, or backups through the App.

Although the App includes recovery safeguards, no backup or recovery system is infallible. Test recovery only with appropriate care and keep independent copies of important information.

Removing an account, revoking authorization, uninstalling the App, deleting a Reference Source, or deleting a cloud account may have different effects. You are responsible for separately deleting local data, exported files, and backups you no longer want.

If you deliberately place data in a third-party storage or sync service, that provider may possess or control the stored copy under its own terms. The Operator does not gain access merely because the App can use that user-selected location.

11. Availability, App updates, and termination

The Operator may modify, suspend, discontinue, or restrict the App or an invited test at any time. Updates may be required to continue using the App safely.

An App update may change features or local data formats, but it does not by itself authorize new collection or transmission of user data. Any update that introduces a new pathway for information to reach the Operator or an additional service must follow Sections 8, 9, and 16 and obtain any required separate opt-in before transmission begins.

You may stop using the App at any time and revoke connected-service access. The Operator may terminate access for misuse, security risk, legal requirements, or the end of the test.

Sections that by their nature should survive termination—including ownership, privacy commitments applicable to information already received, disclaimers, limitation of liability, and governing law—will survive.

12. No warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, OR THAT DATA WILL NOT BE LOST, ALTERED, DISCLOSED, OR DUPLICATED.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, MAIL, FILES, PROFITS, REPUTATION, USE, OR BUSINESS OPPORTUNITY ARISING FROM OR RELATED TO THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE OPERATOR FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR (B) US $50.

These limitations do not apply where prohibited by law.

14. Indemnity

To the extent permitted by law, you agree to defend and indemnify the Operator from third-party claims arising from your unlawful use of the App, unauthorized access to an account, or violation of these Terms. This obligation does not apply to claims caused by the Operator’s own misconduct where the law does not permit indemnification.

15. Governing law

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be brought in a court with appropriate jurisdiction in Michigan, unless applicable consumer law requires otherwise.

16. Changes to these Terms

The Operator may update these Terms as the App changes. The current page will show both an effective date and a last-updated date, and superseded public versions will be retained in the legal archive.

Changes that correct wording, improve clarity, or reflect non-material feature changes may take effect when posted. Material changes will receive reasonable advance notice when practical and may require renewed acceptance before continued use of the affected feature or App version.

A change to these Terms will not retroactively authorize collection, access, retention, or transmission that was not permitted when the relevant data was processed. Continued use of the App, standing alone, will not count as consent to a new feature that sends user data to the Operator or to an additional service.

Any future change that would:

  • add automatic collection of user App data;
  • create a new Operator-controlled data channel;
  • make potentially sensitive information accessible to the Operator;
  • add a new recipient or materially expand the categories of data sent; or
  • materially change the purpose for which submitted information is used

must be explained separately in clear, specific language and require affirmative opt-in before the new transmission or use begins. Accepting a general Terms update or Privacy Policy update is not a substitute for that feature-specific consent.

Users who do not agree to other material changes may stop using the affected feature or the App. Declining optional data transmission does not, by itself, terminate the user’s right to use functions that do not require that transmission.

17. Contact

Questions about these Terms may be sent to software@joshpasek.com.

Documentation provenance: Iterative human–AI construction. This is a project-drafted terms document and is not a claim of attorney review. See Documentation Provenance.